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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

TRANSFER APPLICATION________ OF 2015

Aashita . . . Petitioner

Versus

Saket Dalal . . . Respondent

INDEX

S.No. Particulars Dated Page(s) Court

Fee

A. Urgent Form 19.12.2015

1. Memo of Parties 19.12.2015 1

2. Transfer Application U/S 24 19.12.2015 2–6

C.P.C.

3. Affidavit 19.12.2015 7–8

4. Annexure P-1(Petition U/s 13 of 09.07.2015 9 – 15

Hindu Marriage Act)

5. Annexure P-2(Colly)Office Orders 29.08.2013 16 – 18

& Certificate of Transfer of
Charge) 02.09.2013

6. Annexure P-3 (Colly)Allotment 16.01.2014 19 – 20

Letter & Authority Slip)
23.01.2014

7. Vernacular of Annexure P-2 29.08.2013 21

(Office Order)

8. Power of Attorney 18.12.2015 22

Total:

Chandigarh (SHIV KUMAR SHARMA)

P-1483-2011
Dated: 19.12.2015 ADVOCATE
COUNSEL FOR THE PETITIONER
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Transfer Application No. ______of 2015

Smt. Aashita wife of Saket Dalal daughter of Satyapal, resident of House

No.1225, Sector 7-B, Chandigarh.

... Petitioner

Versus

Saket Dalal son of Jagmohinder Singh, resident of Sant Nagar,, Patiala

Chowk, Jind, Tehsil and District Jind(Haryana).

... Respondent

Chandigarh (SHIV KUMAR SHARMA)

P-1483-2011
Dated: 19.12.2015 ADVOCATE
COUNSEL FOR THE PETITIONER
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APPLICATION under Section 24 of the Code of

Civil Procedure for the transfer of the petition

under Section 13 of Hindu Marriage Act, titled as

“Saket Dalal Versus Smt. Aashita” pending

before the Ld. District Judge, Jind(Pending for

08.01.2016) to the Court of competent

jurisdiction at Chandigarh, keeping in view the

facts and circumstances mentioned in the

present application.

FURTHER prayer is to stay proceedings before

the Ld. court of District & Sessions Court, Jind in

the above noted case, during the pendency of

present application.

Further prayer for seeking exemption from filing

the certified as well as true typed copies of

Annexure P-1 to P-3.

AND/OR

Issue any other appropriate order or direction,

as this Hon’ble Court may deem fit under the

peculiar facts and circumstances of the present

case
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RESPECTFULLY SHOWETH:-

1. That the petitioner is the resident of abovesaid address in

Chandigarh and is entitled to invoke the extra ordinary jurisdiction of

this Hon’ble Court under Section 24 of Code of Civil Procedure for the

redressal of her grievance as set out in the instant application.

2. That the marriage between the petitioner and respondent

was solemnized on 21.10.2012 and out of this wedlock, a son, Tanishq

Dalal was born on 07.10.2013.

3. That the petitioner was being harassed on account of

insufficient dowry after some days of marriage and was continued till

date of her expulsion from the matrimonial home and she alongwith her

minor son was thrown out of her matrimonial home on many occasions

by her husband/respondent and his family members. Thereafter, a

Panchayats were convened and petitioner was taken back by the

respondent on the assurance that they will never do such like act with

her in future. But, inspite of that they continued with the same.

4. That on 07.10.2013, the petitioner gave birth to a male child.

On the eve of birth of Tanishq Dalal, the parents of petitioner were called

in the matrimonial home and respondent and his family misbehaved with

them and petitioner alongwith her parents came back to parental home at

R.K. Puram, New Delhi and thereafter, petitioner moved to Chandigarh

with her father in June, 2014. Thereafter, again on 02.03.2015, Panchayat

was convened in the house of petitioner in Chandigarh. The petitioner

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also got moved a complaint against her husband and in-laws family to

Women Police Station Sector 17, Chandigarh and various police

authorities including one of application dated 29.07.2015.

5. That in anticipation of the complaint made by the petitioner

against the respondent and his parents and in order to save from the

liability and, just to create a defence for himself, the respondent has filed

a petition of divorce under Section 13 of Hindu marriage Act in the court

of District Judge, Jind on 09.07.2015(Annexure P-1), which is now

pending for 08.01.2016 in the District & Sessions Court, Jind.

6. That the said petition dated 09.07.2015 is nothing else but is

totally misuse and abuse of law as well as the court as the respondent

never intended to keep the petitioner in his company. Rather by way of

filing the petition, the respondent wants to harass and humiliate the

petitioner.

7. That it is humbly submitted that the divorce petition has

been filed at Sessions Courts, Jind to the inconvenience and big difficulty

of the petitioner as the petitioner is living with her father after being

shunted out from the matrimonial home by the respondent. Father of the

petitioner is posted as Executive Engineer(E) at Sector 7, Chandigarh

living in accommodation provided by the Government at quarter

No.1225, Sector 7-B, Chandigarh. For the kind perusal of this Hon’ble

Court, photocopies of joining letter as well as allotment letter of the

abovesaid quarter are annexed herewith as Annexure P-2 & P-3(Colly).

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8. That Jind is about 200 KM away from Chandigarh. The

petitioner is residing with her parents in Chandigarh and she is not

earning anything. The petitioner is having one minor son to maintain

whereas the respondent is not providing any maintenance either to the

petitioner or to her minor son.

9. That the petitioner alongwith her son is living at the mercy of

her parents and it is very difficult for her to attend the court proceedings

at Jind.

10. That petitioner has not filed such or similar petition either in

this Hon’ble Court or before Hon’ble Supreme Court of India.

It is, therefore, respectfully prayed that keeping in view the

said facts and circumstances or the instant case, this Hon’ble Court may

be pleased to:

(i) To transfer the petition under Section 13 of Hindu

Marriage Act, titled as “Saket Dalal Versus Smt.

Aashita” pending before the Ld. District & Sessions

Judge, Jind(Pending for 08.01.2016) to the Court of

competent jurisdiction at Chandigarh, keeping in

view the facts and circumstances mentioned in the

present application.

(ii) FURTHER prayer is to stay proceedings before the

Court of learned Addl. District & Sessions Judge,

Jind in the above noted case, during the pendency

of present application.
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(iii) Further prayer for seeking exemption from filing

the certified as well as true typed copies of

Annexure P-1 to P-3.

(iv) Issue any other appropriate order or direction, as

this Hon’ble Court may deem fit under the peculiar

facts and circumstances of the present case

Note: Affidavit is attached.

Chandigarh (SHIV KUMAR SHARMA)

P-1483-2011
Dated: 19.12.2015 ADVOCATE
COUNSEL FOR THE PETITIONER
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

TRANSFER APPLICATION NO.__________ OF 2015

Aashita

. . . Petitioner

Versus

Saket Dalal

. . . Respondent

AFFIDAVIT of Smt. Aashita wife of

Saket Dalal daughter of Satyapal,

resident of House No.1225, Sector 7-

B, Chandigarh.

I, the above named deponent, do hereby solemnly affirm and declare as

under: -

1. That the deponent is filing the accompanying application for

transfer of the case before this Hon’ble Court which is likely to succeed

upon the grounds taken therein. The deponent is well conversant with

the facts of the present application. The accompanying application has

been drafted as per her instructions and the contents of the application

have been read over to her.

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2. That the contents of paras No.1 to 10 of the application are

true and correct to my knowledge. No part of it is false and nothing

material has been kept concealed therein.

3. That the petitioner has not filed any such or similar

application either in this Hon’ble Court or in the Hon’ble Supreme Court

of India.

Chandigarh

DATED: 19.12.2015 DEPONENT

VERIFICATION:-

Verified that the contents of the above said affidavit are true

and correct to my knowledge. No part of it is false and nothing material

has been kept concealed therein.

Chandigarh:

DATED: 19.12.2015 DEPONENT

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ANNEXURE P-1

IN THE COURT OF DISTRICT JUDGE, JIND

Saket Dalal (aged 29 years) s/o Sh. Jagmohinder Singh, r/o Sant Nagar,

Patiala Chowk, Jind, Tehsil & Distt. Jind.

… Petitioner

Vs.

Smt. Aashita w/o Saket Dalal d/o Sh. Satyapal Singh r/o 2165, Urban

Estate, Jind now resident of House No.787, Sector 8 R.K. Puran, New Delhi

110022, official address, posted as Senior Sale Executive, c/o Plan for

Events, A-1/195, Sushan Lok-2, Sector 55, Gurgaon 122003.

… Respondent

Sir,

The petitioner submits as under:-

1. That a simple arrange marriage, between the petitioner and

the respondent was solemnized on 21.10.2012 at Jat Dharmshala Urban

Estate Jind(Distt. Jind), with the consent of both the family according to

Hindi rites and ceremonies and no dowry was even demanded or ntrusted

between both the parties. Some gift items were entrusted to the

petitioner and the respondent by relatives and family of sides. Affidavit,

duly attested in this regard is attached.

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2. That the status and place of residence of the parties to the

marriage, before marriage and at the time of filing of the present petition

is as under:-

Wife/respondent Husband/petitioner

Before Status Place of Status Place of

marriage residence residence

Hindu Hindu Bachelor

unmarried Jind Jind

At the time Hindu Married Delhi Hindu Married Ditto

of filing of

the present

petition

3. That after the marriage both i.e. petitioner and respondent

are resided together as wife and husband in the house of the petitioner at

Sang Nagar, Jind, Distt. Jind and consummated the marriage.

4. That after the marriage one issues i.e. minor/Son namely

Tanishq Dalal, age about 1 ½ years (born on 7.10.2013) born out of the

wedlock of petitioner and respondent, who is with the respondent.

5. That the petitioner is a simpleton, laborer and a very gentle

person whereas from the very beginning, respondent is a lady of very hot

temper and she used the quarrel with the petitioner, parents and other

family members of the petitioner and with the neighbors on petty matter.

6. That it is pertinent to mention here that at the time of

marriage the petitioner was doing his job in, Fremont, California(America)
 11

and the respondent was MBA, after a few days, both the petitioner and

respondent settled at Fremont, California(America).

7. That soon after the marriage the respondent always avoided

to do the household works i.e. cooking of food, claining of house,

washing of clothes etc. When the petitioner used to try to understand the

respondent then the respondent used to call bad names to the petitioner

and to beat and insult the petitioner.

8. That the respondent used to talk with some one unknown

person for a long time and used to come home in late hours, on asking of

the petitioner, she refused to disclose the name of the person with whom

she was talking and from where she came home, or why she late.

9. That soon after the marriage the respondent started

pressuring the petitioner to get partitioned from the family of his parents

and to alive separate from his parents. But at this opinion the petitioner

refused and tried to get understand the obligation of parents upon him,

at this the respondent had left her matrimonial home i.e. Fremont,

California(America), without the consent of petitioner and came to her

parental home and used to live with them at R.K. Puram, New Delhi. The

petitioner a number of time requested the respondent to live with the

petitioner but she refused to live in the company of petitioner at

America.

10. That on coming Delhi, the respondent demanded huge

amount from the petitioner, on one or the other pretext, and the

petitioner used to pay the same from Fremont, California(America).

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11. That the respondent got all the jewelry articles belonging to

herself and well as belonging to petitioner, without the consent of the

petitioner, and all the articles are still in the custody of respondent. it is

pertinent to mention here that the petitioner requested the respondent a

number of time to hand over the Articles/Jewelry belonging to him, but

she avoided the said request, by one or the other pretext and do not

returned the same till date.

12. That the petitioner called and requested the respondent to

come back to America and to join the company of petitioner, but instead

of accede the request of petitioner she pressurized him to left his job and

the America and live with her alongwith her parents at Delhi. At last the

petitioner and his family members conveyed a local Panchayat

participated by 1. Rohtash Singh s/o Karpal Singh, 2. Rajpal Singh s/o Sh.

Hazari Ram, both r/o Prem Nagar, Bhiwani., 3. Sh. Pardeep Singh s/o Sh.

Nihal Singh r/o Jind, to solve the matter, and at last as a result it was

found that all the articles belonging to petitioner, as well as of

respondent are in custody of respondent and her family members, the

respondent admitted herself that she has got this marriage with the

respondent only to visit of America, the respondent and her family

members are greedy persons, they wants that the petitioner shall leave

his parents and to live in the company of respondent in her parental

home at Delhi and to pay all income to them.

13. That as the respondent deserted the petitioner by leaving the

company of petitioner on 10/5/2013 without any lawful cause or excuse

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without the consent of petitioner and used to live at Delhi by leaving the

petitioner in America.

14. That now the respondent is doing here job in company name,

Plan for Events, A-1/195 Shushant Lok-2, Sector 55, Gurgaon 122003 on

the post of Senior Sale Executive and drawing a handsome salary.

15. That again a local Panchayat was conveyed by the petitioner

and as per the advice of respondent and her family members the

petitioner get partitioned from his parents and use to live at Urban

Estate, Jind.

16. That the petitioner visited her house to take the respondent

back to her matrimonial home, but the respondent and her family

members misbehaved with the petitioner and refused to join the

company of the petitioner, except it even the tried to kill the petitioner by

attacking him through unknown Gunda type of persons. The respondent

threatened the petitioner, of dire consequences, if he tried to meet with

the respondent she will spoil his whole life.

17. That the respondent used to misbehaved with the petitioner,

his family members and relatives and when they call or tried to meet. She

used to came at home during late hours, on asking the reason of late she

used to abuse and gave beating the petitioner and she used to filthy

language. On the advice of not doing so the respondent raise threatening

of dire consequences for filing the case of dowry and for involving the

petitioner as well as his other innocent family members and relatives in

some false criminal cases.

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18. That the petitioner asked the respondent regarding the

salary amount of respondent, at this the respondent did not gave any

satisfactory reply for the same when the petitioner tried again regarding

the same, at this the respondent insulted the petitioner and used very

filthy words.

19. That as mentioned above it is clear that the respondent

treated the petitioner with cruelty, she is unfaithful and antisocial. And it

is every apprehension to the petitioner that respondent will finish his life

as and when she will get a suitable chance.

20. That future of petitioner as well as minor child will be in

dark with the company of respondent if it will, as the behavior and habits

of the respondent towards minor child and petitioner, is very bad, it will

spoil the character, carrier and life of minor child and that of petitioner.

21. That the respondent is a careless lady, antisocial, has bad

habits, and cruel towards the minor child and the petitioner, who is living

with her relatives and parents and completely dependent on them.

22. That there no reason as to why the relief claimed should not

be granted to the petitioner.

23. That there has been no previous litigation or proceedings are

pending or decided with regard to the marriage between both the parties.

24. That the marriage of the parties to the petition was

solemnized at Jind, the petitioner is resident of Jind, both parties resided

and cohabited at Jind, Distt. Jind, so this Hon’ble Court has got the

jurisdiction to try and decide the present petition.

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25. That the petitioner has cause of action to file the present

petition as the respondent has xxxxx without any cause or ex-cause and

deserted the petitioner since 10/05/2013 i.e. a period of more than 2

years and secondly the respondent treated the petitioner with cruelty.

26. That the petition is not being filed in collusion with the

respondent.

27. That a legal court fee of Rs.25/- is paid here on this petition.

It is, therefore, prayed that a decree for dissolution marriage

by passing a decree of divorce, may kindly be passed in favour of the

petitioner and against the respondent may kindly be passed, in the

interest of justice.

Any other relief to which the petitioner is found entitled to,

may kindly be granted to him, in the interest of justice.

Jind/dt. Submitted by:-

Saket Dalal s/o Sh. Jagmohinder

Singh r/o Sant Nagar, Patiala Chowk,
Jind, tehsil & Distt. Jind.

Through counsel: Ramesh K. Jain(Adv.)

Verification:-

I, the above noted petitioner verify on solemn affirmation

that contents of para no.1 to 27 of above petition to be true and correct

to my knowledge.

Jind/Dt. … the petitioner

True Copy
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ANNEXURE P-2

CENTRAL PUBLIC WORKS DEPARTMENT

Project Manager(IISER)

IISER Project Circle,

CPWD, Sector 7B,

Chandigarh 160019

Phone/FAX No. 0172-2790047

Email: pccpwdchd@yahoo.com

No. PM/21(1)/531 Date: 29/8/13

Office Order

In compliance to Director General, CPWD, Nirman Bhawan, New Delhi

office order No.28/22/2013-EC-1 dated 0.08.2013 and SE(E)DCEC-V,

CPWD, New Delhi vide order No. 8(4)E1/DCES5/1857 dated 27.08.2013,

Sh. S.P.S. Saharan(SSS15031956JEEL021977), Executive Engineer(E) has

joined this office on 29.08.2013(forenoon)

This issue with the approval of Project Manager, IISER

Mohali.

Sd/-

Assistant Engineer(Admn.)

Copy to:-

1. Director General, C.P.W.D., Nirman Bhawan, New Delhi-110066

2. Special Director General, C.P.W.D., Sewa Bhawan, New Delhi-

110066.
 17

3. Additional Director General(N.R.)1, C.P.W.D., Chandigarh-160017.

4. E.C.-1, Exe. Director General, C.P.W.D., Nirman Bhawan, New Delhi-

110066.

5. Chief Engineer(N.Z.1), C.P.W.D., Chandigarh-160017.

6. Project Manager, PGIMER Chandigarh Project Circle, C.P.W.D.,

Chandigarh-160017

7. Executive Engineer, Chandigarh Kendriya Sadan, C.P.W.D.

Chandigarh 160017.

8. Superintending Engineer(E)(N.Z.), D.C.E.C.-5, C.P.W.D., New Delhi it

is requested to you that LPC and Service Record of the officer be

sent to this office.

9. Pay and Account Officer(N.Z.), C.P.W.D., East Block-4, 6th Floor, R.K.

Puram, New Delhi-110066.

10. Shri M.P. Sharma, Executor Engineer(E), C.P.W.D. Chandigarh it is

requested to you that to handed over your service charge.

11. Shri S.P.S. Saharan, Executive Officer(E) C.P.W.D., Chandigarh it is

requested to you to take the charge from 02.09.2013.

12. Bill writer.

13-14 Personal file.

Sd/- Assistant Engineer(Admn.)

True Translation